Britney Spears' new attorney Matthew Rosengart filed a motion Monday to remove her father, Jamie Spears, as conservator of her estate, citing the pop star's emotional well-being as the justification.

The filing Monday requests the court remove Spears' father as the conservator of the "Toxic" singer's estate, and replace him with Jason Rubin, a CPA at Certified Strategies Inc., calling the switch an "objectively intelligent preference to nominate a highly qualified, professional fiduciary in this circumstance."

The filing claims Spears' estate obtains more than $2.7 million in cash assets and $57 million in non-cash assets.

"For more than thirteen years, Petitioner Britney Jean Spears has endured a conservatorship that, certainly as it concerns James P. Spears, has grown increasingly toxic and is simply no longer tenable," Rosengart wrote. "In addition to stripping his daughter of her dignity, autonomy, and certain fundamental liberties — Mr. Spears is also guilty of misfeasance or malfeasance warranting the imposition of surcharges, damages, or other legal action against him."

Judge Brenda Penny has not shown any inclination to oust James(Jamie) Spears, despite Britney Spears' previous attempts to rid her father. Last year, Britney's former lawyer, Samuel Ingham III, similarly proposed that James Spears be replaced with the estate-management firm The Bessemer Trust. Judge Penny partially agreed to the petition and The Bessemer Trust was assigned as Jamie Spears' co-conservator. However, The Bessemer Trust resigned when Britney Spears testified she wanted to end the conservatorship.

"Any father who genuinely loves his daughter and has her best interests at heart should willingly step aside in favor of the highly respected professional fiduciary nominated here," Rosengart wrote in the documents.

"My dad needs to be removed today," Britney Spears said, continuing that she would like to see him charged with abusing his position.

The next hearing in the case is scheduled for September 29.